boa_02 15 1965LITTLE ROCK BOARD OF ADJUSTMENT
MINUTES
February 15, 1965.
MEMBERS PRESENT
Scott- Farrell, Chairman
W. R. Meeks
Cecil Kuehnert
MEMBERS ABSENT
Maxwell Lyons, II
W. H . Ma rak
STAFF PRESENT
Henry M. de Noble
John L.Taylor
Louis E. Barber
Dorothy Riffel
OTHERS PRESENT
Perry lrhitmore, Asst. City Attorney
Jerry Dhonau, Gazette Reporter
2:00 P. M.
There being a Quorum, the meeting was called to order by the Chairman at 2:00 P. M.
The minutes of the last meting were approved as mailed.
Action was taken on the following items: -
Tract No. 1 - Z-876
Applicant: Longview Baptist Church
Location: 1723 West 23rd.Street
Description: Allof Lots 7, 8, 9, 10, 11, and 12,
Block 15,'Flemi"ng and Bradford Addition
Classification: "C'I-Two. Family District
Variance: Requests a Variance from the Rear Yard
Provisions of Section 43-12 of Code of
Ordinances to permit construction in
Rear Yard Space
Mr. W. P.Nabors, Agent, was present to represent this application. There were no
objectors present,. Action on this case was- delayed from- last month°s meeting at
the request of the Board. A motion was made for par2val of the Variance provided
that no Certificate of Occupancy will be issued until the parking lot, properly
screened, is provided and curb is repaired os required by Public Works Department,
And the posting of a bond to cover cost of construction of the parking lot for a
period of twelve months which period shall begin -with -the -initiation of the
construction of the building. The motio'n'was seconded and passed unanimously.
Board of. Adjustment
Minutes - 2715-65
Tract No. 2 - Z-1788
Applicant:
Location:
Description:
Classification:
Variance:
-2-
Marion L. Crist and Associates, Inc.
4324 West Markham Street
Lot 7, Block 8, Glendale Addition
"E-111 Quiet Business District
Requests a Variance from the Front Yard
Setback Provisions of Sec. 43-144 4) of
the Code of Ordinances to permit an
addition to -existing structure;
(2) a Variance from the Side Yard Setback
Provisions of Section.43-14 of the Code
of Ordinances to permit addition to exist-
ing structure° 1.
Mr. L. S. Woosley was present to represent the.applicant., who -stated -that they would
1 i ke to expand their building to the south. The hx;i � di ng is owned. by Mrs. Lloyd
England, and the applicant is her- tenant on- a- 15 ,1-eear lease wi44� }dears left to
run. Mrs. England was asked -to release the -tenant from the lease agreement but
she refused to do so. They teied_to sublet the building to Messrs. Alexander and
Plowman of Weaver and Company.._realtors, and Les Pappan of the United Corporation,
and subsequently proposed to Mrs. England that she build another building at
another location for their occupancy, which�dec.l i ned to do. As a last resort
she agreed to expand this building, which would protrude into the front and side
yard space. The space in the rear will be paved for use as additional parking space.
Mr. Deftil McCorkle, who owns the property at 4318 West Markham, stated his objection
to the use of the front yard space.. He said -.that he did not object to the building
being brought out to the same line as the other buildings in the block, but that
if the Variance is granted it would block traffic and obstruct the view of his
building; that parking conditions..ar-r-crowded there now, and don't think there is
enough parking space left to accommodate the flow of traffic. Another objecter filed
a letter of protest.
A motion was made to defer action on this application, as Mr. Farrell disqualified
himself and could not vote, leaving insufficient votes to pass on the request. The
motion was seconded and passed.
Tract No. 3 - Z-1649
Applicant: Or. Charles W. Fowler
Location: 5409 01A11-Street
Description: Lot 5, and East 1/2 of Lot 4, Block 10,
Pfeifer°s Addition
Classification: "C11-Two-family District
Variance: Requests a Variance from the Front Yard Open
Space Provisions-rf Section 43-21-(H)-(b)
of Code of Ordinances to permit parking in
Front Yard Space
There was no one present to represent -�his,applica-tion, nor any objectors. A motion
was made for denial of the Variance which was seconded and passed unanimously. The
Board indicated that parking be contained back of the present building line.
Board of Adjustment
Minutes o 2-15-65
Tract No. 4- ® Z-1781
Applicant:
Location:
Description:
Classification-.
Variance-.
030
Farris D. Henry
5904 Stonewall Road
Lot 120', Forest Heights Place
01A°1-One®family District
Requests a Variance from the Side Yard
Provisions of Section 43=12-(3) of the
Code of Ordinances to permit construction
in Side Yard Space
hk
Mr. He was present, and there were no objectors. Mr. Henry stated that several
weeks ago he applied for a building permit to ends" a back porch (breezeway)
and approximately half way through the coxmtructiaw,a: stop -order was issued by the
City, and he was told that the -Wage would•• have to be moved to 6 feet from the
building. He stated that he didn°t realize that,the garage was any problem as no
change is being made in the garage.
A motion was made to gaunt the Variance as the garage: i s under a continuation of
the same roof for house and breezeway aend-A s-:all one structure. The motion was
seconded and passed unanimously.
Tract No. 5 ® Z-1337
Applicant:
Westover Stills Presbyterian Church
Location:
Kavanaugh Boulevard at Pine Valley Road
Description:
Lots 13, 14, 17, 18, 19,, 20, 21 and "All
of Westover Hills Addition
Classification:
"A°1-One-family District
Variance:
Requests Variances- (1) to permit more
than one structure to a lot, (2) permit
the ommission of screening on parking lot,
(3) to permit less tr�an the required
number of parking spaces.
This application was withheld
by the Staff as the required -notices to adjacent
property owners were not mailed by the. applicant, and the case could not be heard
until the Proof of Notification notices had been filed with the Department of
Community Development.
Tract No. 6 ® Z-1783
Applicant:
Classic Homes of Little Rock
Location:
Northwest corner of Ohio and Hughes Street
Description:
Long Legal
Classification:
0°D80=Apartment District
Variances:
(1) From the Main Structure Provisions to
permit more than one main structure: on a lot
(2) From the Front Yard Open Space Provi-
sions to permit parking in Front Yard Space
Mr. E. C. Smith, representing
the applicant, stated that the property is zoned
`. Board of Adjustment
Minutes - 2-15-65
-4-
Apartment and didn't know that there would be any cs.jection from the adjacent property
owners to this construction. Mr. Charles Rule, 662E Kavanaugh Place was the spokes-
man for a number of objectors in the area and filed a petition having 52 signatures.
The objections concerned traffic problems primarily, asking for the abandoning of the
plan to develop Kentucky Street to the east§ the abaeedonin§cif the east exit onto
Hughes Street, and the erection of a privacy wall along Kentucky for the 6700 Block.
A motion was made that action be deferred until a development plan is submitted to
the Planning Commission for approval in accordance with a'covenant filed as a -condi-
tion of rezoning of the property from 61An"Residential to 08D"-Apartment, and any
request for Variances would then be referred back to the Board of Adjustment for
consideration. The motion was seconded and passed unanimously.
Tract No. 7 o Z-1743
Applicants Transportation Properties, inc.
Locations 2120 North Mississippi Avenue
Descriptions Lot 16 and the East 10 feet of Lot 15,
Block 1, Bellevue Additionn
Classifications 'IP.- ommercial District
Variances Requests a Variance from the Rear Yard
Setback Provisions of Section 43-15-(2)
of Cade of Ordinances to permit construction
in Rear Yard Space
Mr. Bob Beal was present representing the applicant who stated that they are trying
to.move.the building back to the pr_op.erty line which would make better alignment
with other property and would make more parkinng=in front and on the side. Access
would be off Mississippi and not Iowa Drive.
Mrs. F. E. Bates, who lives directly across the street south from the corner of
Mississippi and Iowa was present not as an objector -but wanted to know whether it
would be possible to widen Iowa Drive at that point. She feels that this is
necessary because the street in only 20 feet wide and large trucks find it difficult
to make the turn from Iowa Drive. (Street right-of-way is 50 feet)
A motion was made to grant the Variance on rear and side yard requirements subject
to installation of cur F gutters ra"inage9 and sidewalks on Mississippi and
Street sides of the property and the installation of the appropriate screening on
the west and south sides of the property. The motion was seconded and passed unani-
mously.
Tract No. 8 - Z-1392
Applicants Wm. A. and Janie Bushman
Locations 2400 Manney Street
Descriptions Lots 13, 14, 15, 16 of Block 13,
Bellevue Addition
Classifications "D"=Apartment District
Variances Requests Variances (1) to permit construction
in Rear Yard Space (2) to permit more than one
main structure on a lot (3) to permit parking
in front yard setback (4) to permit construction
in front yard space
Board of Adjustment
Minutes _2-15-65 -5-
A motion was made to reconsider this case, which was seconded and passed unanimously.
It was denied at the January 18, 1965 meetir,q. Mr. Lawrence Witherspoon was present
representing the applicants, as wellas were five objectors who appeared at the
January meeting. Mr. Witherspoon stated that he had made some adjustments to the
original development plan which concerned the building lines for Building #5 and
#2, widened the drive into the property to increase the turning radius especially
for large vehicles such as fire trucks, etc., that 0m garbage and trash collectors
would be properly screened as well as meters. The maim objecti-am from adjacent
property owners concerned the drainage problem--, which i°n-their apinion would be
increased because of this development, and that the required parking space of one
to a unit would neat be.sufficient in view -af the fact that most people now have
more than- one -car and this would necessitate parking on the street which is not
-desirable. The -conceansus -of opinion of the objectors was that the storm sewer was
toa-small to carry the water load and that it was not a problem for the individual
property -owners alone.
A motion was made to defer action on -this request until the March meeting, and that
the Board of Adjustment o ficialiy ask the City Manager to request the Public Works
Department to make an investigation of the over-all drainage problem in the area.and
make a report to the Board at its next meeting and see if something can be worked,
out which is- satisfactory to all concerned. At such time as Public Works Department
renders its opinion, that it should also make an estimate of the cost that might be
involved in the correction of or additionn to this indicated drainage structure. The
Board stated that they favor the development plan except with regard to the drainage
problem. This motion was seconded and passed unanimously.
Tract No. 9 - Z-1787
Applicant: David C. Graham
Location: 12400 Northwest Drive
Descriptions Lot 33, Walton heights Addition
Classification: "All -One -family District
Variance: Requests a Variance from the Side Yard
Provisions of Section 43-12 of the Code of
Ordinances to permit construction irn Side
Yard Space
Mr. Graham was present and stated that he purchased this horwe from B. G. Coney,
Builder, who had constructed the stairway from the kitchen to the backyard area,
and that it is the only fire escape from the --upstairs other the main entrance.
.He stated that without the stairway they had to carry their garbage and trash through
the living room to get outside of the house. He was notified that this was a viola-
tion of the City's building code, and he said he would not have bought the house had
he known it4 Mr. Graham was informed that construction in the side yard was contrary
to the filed Bill of Assurance and that the Board had no jurisdiction in the matter.
Chief Warren Cnxnmingsa Fire Marshall, recommended that as more danger exists in the
sleeping quarters that the fire escape be provided off the porch on the north side
of the structure. Mr. Meeks suggested that the stairway be constructed inside the
house. Mr. Graham indicated that he would like to try to get the Bill of Assurance
amended.
A motion was inade to defer actioq_Lhir11_L days so that Mr. Graham might make an effort
to amend the Bill of Assurance. The motion was seconded and passed unanimously.
$oard of Adj:ustmw&t
Minutes 2-13-65
Tract .Mo,, 10 - z u 13 68
Applicants
Locati on s
Descriptions
CIass i ficati ons
Variances
-6-
Bernard M. ,Henry
0105 West Markham Street'
Lot B-. Flenry Bros. Subdivision
11FOI-Commercial District
Requests a Variance from the Rear Yard
Setback Provisions of Section 43-15 of
The Code of Ordinances to permit
construction in Rear Yard Space
No one was present to represent this application, nor any objectors.
A motion was made to grant the Variance providedi that curb, gutter and sidewalks be
constructed as has been required on the adjacent property on the east, and That all
parking areas be paved.
The -motion was seconded and passed unanimously.
Tract No. 11 a 2c10 4
App-Ti cant
Locations
Descriptions
Classifications
Variances
Donald Kirk
8020 West Markham Street
Long Legal
I'D"-Apartment District
Requests Variances as-followss=
(1) From the Rear Yard Setback Provisions
of Section 43-1342) of the Code of
Ordinances to permit construction in
Rear Yard Space
(2) From the Main Structure Provisions
of Section 43-2=(5) of the Code of
Ordinances to permit more than one
main structure on a lot.
mr. 'Sam Reynolds, reactor, representing the applicant was present, and stated that
Mr. mirk was -ill and could not attend. Mr. Kirk has bought the property adjacent
which was owned.by Mrs. Jacobi of Russellville, and who was an objector when the
application was -presented last month due to drainage problems on her property.
A motion was made to grant the Variance provided storage structures on rear of the
building be removed, appropriate screening be constructed along West Markham Street
prior to the issuance of the Certificate of Occupancy and that the applicant post
a bond to assure the construction of curb, gutter and sidewalks along West Markham
Street at such time as the City performs the widening of West Markham Street. The
motion was seconded and passed unanimously. -.
Board af- Adjustmaent
Minutes - 2-15-65
Tract No. 12 - Z-1780
Applicants
L oca ti on s
Descriptions
Classifications
Variances
-7-
Truet Evans
3424 Potter Street
Lot 1, Block 42, John Barrow Addition
"B"-Residence District
Requests a Variance from the Side Yard
Provisions -of Section 43-12-0) of the -
Code of Ordinances to permit addition.to
existing structure and closing in carport.
Mr. Evans was present to represent his application for Variance as stated. He
explained that he needs more room for his family now that he has three children in
a two bedroww7house. He would like to enclose the carport to make another room,
and add a carport in the rear as he has access from the alley.
A mativn was made to grant the _Variance as requeated,which was seconded and passed
unaimously.
RECONSWERATION ITEM - Tract No. 13 - Z-1744 - -Kaeva?!9u,9h and Mci[inlegr_ Streets
A motion was made to res:ons-ider the application for Variance which was,originally
requested in December, 1964, anO denied by the Board of Adjustment. The motion was
seconded and -passed unanimously. The application will be heard again at the March
I-5th meeting after proper advertising.
Mr. de Noble advised the Board that the Planning Commission has adopted a policy
-of charging an additional filing fee in each instance that an application is with-
held from the agenda after it had,been advertised to be presented at the public hear-
ing for failure of the applicant to perform according to issued instructions, or
voluntary withdrawal by the applicInt. Mr. Meeks suggested the adoption of the same
policy for the Board of Adjustment cases. Mr. de Noble stated that: a cost survey had
been -made of zoning application processing which amounted to $97.00 and the fee now
,being charged is -only $25-.00 and it has been suggested that it should be raised to
$75.00. Mr. Meeks instructed Mr. de Noble to prepare a similar cost survey for Board
of Adjustment applications and present it to the Board at its next meeting on
March 15th.
There being no further business, the meeting was adjourned at 5900 P. M.
Dorothy J. Riffel,
Secretary.
Scott rrel , Chairman.